Judgment No. 3375
The complaint and the applications to intervene are dismissed.
The complainant claims, on the basis of an alleged acquired right, the application of the invalidity pension scheme in force prior to his placement on non-active status on grounds of invalidity.
acquired right; disability benefit; complaint dismissed
"The Tribunal dismisses the applications to intervene. This is because, in the capacities in which the applicants filed them, their factual and legal positions are neither identical nor similar to those of the complainant."
"By its nature as a remote and contingent right, the benefit to an invalidity pension arises only under conditions of invalidity to cover a risk that rarely occurs. This is not a fundamental term which could be said to have reasonably induced the complainant or any staff member of the EPO to enter into the contract of employment with the Organisation so as to preclude the Organisation from altering its terms as it did by the new arrangements (see, for example, Judgment 2682, under 6)."
ILOAT Judgment(s): 2682
disability benefit; invalidity
It is trite principle that an international organisation owes its staff members a general duty of care not to cause them undue hardships. Accordingly, the relations between an organisation and a staff member must be governed by good faith (see, for example, Judgments 2116, under 5, and 1526, under 3).
ILOAT Judgment(s): 1526, 2116
good faith; duty of care